Sacramento, CA -
In a ruling this afternoon by the California State Supreme Court, gay marriage opponents have been allowed to defend the challenge made by same-sex union supporters to the constitutionality of Proposition 8, a law which prohibits gay and lesbian marriage.
The federal Court of Appeals for the Ninth Circuit, where the case, Perry vs. Brown, is currently being litigated, asked the California Supreme Court to determine whether the opponents, ProtectMarriage.com led by Dennis Holingsworth, had standing to function as defendants.
Governor Jerry Brown (D-CA) and the State of California chose not to defend the lawsuit vs. Brown, prompting Prop 8 advocates to mount their own defense in the federal case.
The Supreme Court did not make any rulings on the substantive basis of the case, whether or not Prop 8 will be allowed to stand following a federal judge's 2010 decision that it is unconstitutional.
Proposition 8, a ballot initiative which outlawed same-sex marriage in California, passed by a narrow margin in November of 2008. Subsequent lawsuits led to a 2010 trial with gay jurist Judge Vaughn Walker ruling in favor of opponents of the law, saying that Prop 8 discriminates on the basis of sexual orientation and gender. Attempts by proponents of Prop 8 to have the ruling set aside because Walker is gay were unsuccessful.
The Ninth Circuit Court of Appeals put a hold on Walker's ruling pending the outcome of legal maneuvering which has kept gay marriage in California illegal until a final decision.
The federal Court of Appeals for the Ninth Circuit, where the case, Perry vs. Brown, is currently being litigated, asked the California Supreme Court to determine whether the opponents, ProtectMarriage.com led by Dennis Holingsworth, had standing to function as defendants.
Governor Jerry Brown (D-CA) and the State of California chose not to defend the lawsuit vs. Brown, prompting Prop 8 advocates to mount their own defense in the federal case.
The Supreme Court did not make any rulings on the substantive basis of the case, whether or not Prop 8 will be allowed to stand following a federal judge's 2010 decision that it is unconstitutional.
Proposition 8, a ballot initiative which outlawed same-sex marriage in California, passed by a narrow margin in November of 2008. Subsequent lawsuits led to a 2010 trial with gay jurist Judge Vaughn Walker ruling in favor of opponents of the law, saying that Prop 8 discriminates on the basis of sexual orientation and gender. Attempts by proponents of Prop 8 to have the ruling set aside because Walker is gay were unsuccessful.
The Ninth Circuit Court of Appeals put a hold on Walker's ruling pending the outcome of legal maneuvering which has kept gay marriage in California illegal until a final decision.
